The plaintiffs in a motor vehicle negligence action brought a motion to strike portions of the statement of defence on the basis that it failed to plead material facts regarding damages as required by the Rules of Civil Procedure.
They also sought an order requiring the defendant to answer a list of written discovery questions.
The court held that the impugned pleadings sufficiently set out material facts relating to damages, particularly given that the defendant would not yet possess detailed knowledge of the plaintiff’s medical condition.
The court further found that the proposed written discovery questions constituted an improper and excessive use of the discovery process.
The motion was dismissed in its entirety.
